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(영문) 청주지방법원 2017.09.21 2017고단832
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 6, 2017, the Defendant driven a d SM520-car under the influence of alcohol content of about 0.144% in the section of approximately 2km from the 2km to the front road of the gas station located in C located in the same Gu on the roads adjacent to the Heakdong-dong, Young-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul.

2. The defendant is a person who is engaged in driving a motor vehicle of the above SM520 motor vehicle.

On April 6, 2017, the Defendant driven the said car at around 23:30, and led to the two-lane road in front of the Cju Heungdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu along the two-lanes of the B-lanes of the B-lanes of the salary distance.

At this time, the Defendant had a duty of care to prevent accidents, such as making the victim E(54) drive a F rocketing car prior to the same direction, and thus, the Defendant had a duty of care to prevent accidents, such as making the situation well known to the person engaged in driving a motor vehicle, securing safety distance, and driving the motor vehicle.

Nevertheless, the Defendant neglected to drive under the influence of alcohol content 0.14% while under the influence of alcohol while driving normally, and neglected to do so, and caused the Defendant to incur injury to the Defendant, such as dynasium, which requires two weeks of treatment, following the instant rocketing car, which stops into the signal atmosphere due to negligence going as it is, and shocked by the Defendant’s vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Reports on the occurrence of a traffic accident;

1. On-site photographs;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 148-2 and 44-2 (2) 2 and Article 44-1 (1) of the Traffic Act concerning criminal facts; Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes; and choice of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act 1.

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